Ahn et al v. Scarlett et al

Filing 101

ORDER GRANTING 99 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 10/10/2017. (ejdlc2S, COURT STAFF) (Filed on 10/10/2017)

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1 2 3 4 5 6 7 8 9 10 11 William J. Goines (SBN 61290) goinesw@gtlaw.com Cindy Hamilton (SBN 217951) hamiltonc@gtlaw.com Alice Y. Chu (SBN 264990) chua@gtlaw.com GREENBERG TRAURIG, LLP 1900 University Avenue, Fifth Flor East Palo Alto, CA 94303 Telephone: (650) 328-8500 Facsimile: (650) 328-8508 Attorneys for Plaintiffs Gregory Ahn and Cult of 8, Inc. Erik L. Jackson (SBN 166010) ejackson@cozen.com COZEN O’CONNOR 601 S. Figueroa Street, Suite 3700 Los Angeles, CA 90017 Telephone: (213) 892-7961 Attorney for Defendant Jonathan White Joseph W. Anthony (admitted pro hac vice) janthony@anthonyostlund.com Randy G. Gullickson (admitted pro hac vice) rgullickson@anthonyostlund.com ANTHONY OSTLUND BAER & LOUWAGIE P.A. 90 South 7th Street, Suite 3600 Minneapolis, MN 55402 Telephone: (612) 349-6969 Facsimile: (612) 349-6996 Richard Van Duzer (SBN 136205) rvanduzer@fbm.com Aviva J. Gilbert (SBN 300091) agilbert@fbm.com FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendant Matthew D. Scarlett 12 Anthony D. Giles (SBN 178876) anthony@anthonygiles.com LAW OFFICE OF ANTHONY GILES 155 Sansome St., Ste. 500 San Francisco, CA 94104 Telephone: (415) 839-2099 Attorney for Defendant Alcohol by Volume, Inc. 13 14 15 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN JOSE DIVISION 20 21 Gregory Ahn, an individual, Jonathan White, an individual, Cult of 8, Inc., a California corporation 22 Plaintiffs, 23 24 25 vs. Matthew D. Scarlett, an individual, Alcohol By Volume, Inc., a Nevada Corporation, inclusive, 26 Defendants. 27 28 959845.1 Case No: 5:16-cv-05437-EJD JOINT STIPULATION AND [PROPOSED] ORDER 1 RECITALS 2 3 A. This action, along with the related case, Matthew Scarlett, individually and derivatively on behalf of Alcohol By Volume, Inc. vs. Jonathan White, et al., Case No: 5:17-cv- 4 01430-EJD (the “Related Action”), involve disputes, inter alia, relating to the ownership and 5 operations of two related corporations, CO8 and Alcohol by Volume, Inc. (“ABV”). 6 7 8 B. In April 2017, a closing occurred on the sale of one of the wine brands to an unrelated C. Because of disputes about the proper allocation of proceeds from the sale transaction, party. 9 the parties to this action, along with another unaffiliated entity, agreed to arbitrate before JAMS in 10 San Francisco several issues, relating to the proper distribution of the proceeds from the sale of the 11 brand. That arbitration proceeding is currently pending before JAMS as Fior di Sole, LLC v. 12 Scarlett, Matthew, et al., JAMS Reference No. 1100087495. 13 D. 14 JAMS arbitration. 15 E. The arbitration hearing is now scheduled for March 19 – 30, 2018. 16 F. The parties believe that resolution of the issues in the arbitration is likely to affect 17 18 Proceedings in this matter have previously been continued in light of the pending resolution of this matter. G. There is currently pending before this Court in this action and the Related Action an 19 initial case management conference on October 26, 2017 at 10:00 a.m. Certain filings, including the 20 Joint Case Management Statement and related filings are due to be filed in advance of the case 21 management conference. 22 H. The parties believe that it will be efficient and preserve both judicial resources and 23 resources of the parties if the case management conference and current filing deadlines relating to it 24 are continued for a period of 90 days to allow time for the parties to confirm the scope of issues to be 25 determined in the arbitration proceeding and to report back to the Court with a recommendation as to 26 the handling of this action and the Related Action during the pendency of the JAMS arbitration. 27 28 I. This stipulation in no way affects White’s motion for disqualification of his former counsel, Greenberg Traurig, which is currently pending before the Court, the subpoena issued to 2 Joint Stipulation and [Proposed] Order 1 Greenberg Traurig by White, or arguments or positions concerning White’s demand for the file from 2 Greenberg Traurig. 3 STIPULATION 4 5 6 Based upon the above recitals, the parties, through their undersigned counsel, hereby stipulate and request that the Court enter an order as follows: 1. The initial case management conference currently scheduled for October 26, 2017 is 7 continued for a period of 90 days, and the Court shall reschedule the case management conference at 8 a date and time on or after January 24, 2018. 9 2. All current filing deadlines, specifically including the deadlines for filing of the Joint 10 Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued for a 11 period of 90 days. 12 3. Within 100 days of this Stipulation and Order, the parties shall report to the Court 13 regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it, 14 the impact of that arbitration on this action and the Related Action, and their views as to the 15 appropriate handling of this action and the Related Action during the pendency of the JAMS 16 arbitration. 17 18 Dated: October 4, 2017 19 By:/s/ Cindy Hamilton William J. Goines Cindy Hamilton Alice Y. Chu Attorneys for Plaintiffs Gregory Ahn, and Cult Of 8, Inc. 20 21 22 23 24 25 GREENBERG TRAURIG, LLP Dated: October 4, 2017 COZEN O’CONNOR By:/s/ Erik L. Jackson Erik L. Jackson Attorney for Plaintiff Jonathan White. 26 27 28 3 Joint Stipulation and [Proposed] Order 1 Dated: October 4, 2017 ANTHONY OSTLUND BAER & LOUWAGIE P.A. 2 By:/s/ Randy G. Gullickson Joseph W. Anthony (admitted pro hac vice) janthony@anthonyostlund.com Randy G. Gullickson (admitted pro hac vice) rgullickson@anthonyostlund.com Attorneys for Defendant Matthew D. Scarlett 3 4 5 6 Dated: October 4, 2017 LAW OFFICES OF ANTHONY GILES 7 By:/s/ Anthony Giles Anthony Giles Attorney for Defendant Alcohol By Volume, Inc. 8 9 ORDER 10 11 Based upon the above stipulation of the parties, it is hereby ordered that: 12 1. The initial case management conference currently scheduled for October 26, 2017 is 13 continued for a period of 90 days, and the case management conference is rescheduled to 14 January 4, 2018 _______________________, 2017. 15 2. All current filing deadlines, specifically including the deadlines for filing of the Joint 16 Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued and reset 17 in accordance with the rescheduled case management conference. 18 3. Within 100 days of this Stipulation and Order, the parties shall report to the Court 19 regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it, 20 the impact of that arbitration on this action and the Related Action, and their views as to the 21 appropriate handling of this action and the Related Action during the pendency of the JAMS 22 arbitration. 23 24 October 10 Dated: __________________, 2017 By: Edward J. Davila United States District judge 25 26 27 28 4 Joint Stipulation and [Proposed] Order

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